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2. The practice of reading ten verses of the Bible each day in the public schools of Abington Township is pursuant to the mandatory provisions of Section 1516 of the Pennsylvania Public School Code of March 10, 1949, as amended.

3. Section 1516 of the Pennsylvania Public School Code of March 10, 1949, as amended, violates the First Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment in that it provides for an establishment of religion.

[4] 4. The combined practice of Bible reading and mass recitation of the Lord's Prayer by students in the public schools of Abington Township violates the First Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment in that said practice provides for an establishment of religion.

The motion of the defendants to strike out the plaintiffs' testimony taken at the hearings in this case, prior to the amendment of Section 1516 in 1959, on the ground that the supplemental pleading states a new cause of action will be denied.

The motion of the defendants to dismiss the supplemental pleading on the ground that it fails to state a cause of action will be denied.

FINAL DECREE

The plaintiffs having filed their complaint on February 14, 1958, and having amended their complaint by authority of the court by way of a supplemental pleading filed January 4, 1961, and answers having been duly filed, and a threejudge court having been convened pursuant to Section 2284, Title 28 United States Code, and hearings having been held and testimony taken by the court, and briefs having been field and argument having been heard, now therefore it is

ORDERED, ADJUDGED, AND DECREED as follows:

1. The defendants are perpetually enjoined and restrained from reading and causing to be read, or permitting anyone subject to their control and direction to read, to students in the Abington Senior High School, Abington Township, Montgomery County, Pennsylvania, any work or book known as the Holy Bible, as directed by Section 1516 of the Pennsylvania Public School Code of March 10, 1949, P.L. 30, as amended, in conjunction with, or not in conjunction with, the saying, the reciting, or the reading of the Lord's Prayer; provided, that nothing herein shall be construed as interfering with or prohibiting the use of any books or works as educational, source, or reference material:

2. The defendants' motion to strike out the plaintiffs' testimony taken at the hearings in this case prior to the amendment of Section 1516 in 1959 is denied ;

3. The defendants' motion to dismiss the plaintiffs' supplemental pleading on the ground that it fails to state a cause of action is denied.

THE LIBRARY OF CONGRESS,
LEGISLATIVE REFERENCE SERVICE,

Washington, D.C.
To: Senate Judiciary Committee, attention: Mr. Lipscomb.
From: American Law Division.
Subject: Freedom of religion in State constitutions.

This will refer to your request of August 15, 1962, for a compilation of State constitutional provisions regarding (a) God, Supreme Being, etc.; and (6) freedom of religion and religious practices, especially the use of prayers in the public schools. Provisions banning State aid to religions have been omitted as you instructed. The compilation is attached herewith.

Hugh C. KEENAN, Jr.,

Legislative Attorney.

ALABAMA (1901 CONSTITUTION, 1960 SUPPLEMENT)

(a) God, Supreme Being

“We, the people of the State of Alabama, in order to establish justice, * * invoking the favor and guidance of Almighty God, do ordain and establish (preamble to constitution).

"* * * that they (all men) are endowed by their Creator with certain inalienable rights * * *” (art. 1, sec. 1 (declaration of rights)).

(6) Freedom of religion

“That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship; nor to pay any tithes, taxes, or other rate for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust under this state; and that the civil rights, privileges, and capacities of any citizen shall not be in any manner affected by his religious principles" (art. 1, sec. 2 (declaration of rights)).

ALASKA (1956 CONSTITUTION; 1961 SUPPLEMENT) (a) God, Supreme Being

"We, the people of Alaska, grateful to God * * establish this Constitution * * *" (preamble to constitution). (6) Freedom of religion

“No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof" (art. 1, sec. 4 (declaration of rights)).

“No person is to be denied the enjoyment of any civil or political right because of race, color, creed, or national origin” (art. 1, sec. 3).

*

ARIZONA (1910 CONSTITUTION; 1961 SUPPLEMENT)

(a) God, Supreme Being

"We, the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution" (preamble to constitution). (6) Freedom of religion

"Perfect toleration of religious sentiment shall be secured to every inhabitant of this State, and no inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship, or lack of the same" (art. XX, par. 1).

"The liberty of conscience secured by the provisions of this Constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. * * * No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony” (art. II, sec. 12).

"* * * no religious * * * test or qualification shall ever be required as a condition of admission into any public educational institution of the State, as teacher, student, or pupil * * *” (art. XI, sec. 7).

ARKANSAS (1874 CONSTITUTION ; 1961 SUPPLEMENT)

(a) God, Supreme Being

“We, the people of the State of Arkansas, grateful to Almighty God (establish this Constitution) * * *" (preamble to constitution).

“All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences * * *” (art. 2, sec. 24).

"No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court” (art. 19, sec. 1). (6) Freedom of religion

“All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship above any other" (art. 2, sec. 24).

"Religion, morality and knowledge being essential to good government, the General Assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship" (art. 2, sec. 25).

"No religious test shall ever be required of any person as a qualification to vote or hold office, nor shall any person be rendered incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths or affirmations” (art. 2, sec. 26).

CALIFORNIA (CONSTITUTION OF 1879; 1961 SUPPLEMENT)

(a) God, Supreme Being

“We, the People of the State of California, grateful to Almighty God for our freedom, (establish this Constitution) * * *” (preamble to constitution). (6) Freedom of religion

“The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be guaranteed in this State; and no person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State" (art. 1, sec. 4).

COLORADO (CONSTITUTION OF 1876 ; 1957 SUPPLEMENT)

(a) God, Supreme Being

"We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe (establish this Constitution) * * *” (preamble to constitution). (b) Freedom of religion

“The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed ; and no person shall be denied any civil or political right, privilege or capacity, on account of his opinions concerning religion ; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the state. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination against his consent. Nor shall any preference be given by law to any religious denomination or mode of worship" (art. II, sec. 4).

"No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the state, either as a teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatever * * *” (art. IX, sec. 8).

“No person having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace * * *” (art. XVII, sec, 5).

CONNECTICUT (CONSTITUTION; 1961 SUPPLEMENT)

(a) God, Supreme Being

“The People of Connecticut acknowledging with gratitude, the good providence of God, in having permitted them to enjoy a free government ** * (establish this Constitution)” (preamble to constitution).

“It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, and their right to render that worship, in the mode most consistent with the dictates of their consciences (certain rights will follow ; for full text see below] * * *" (art. 7, sec. 1). (b) Freedom of religion

“The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this state; provided, that the right hereby declared and established, shall not be so construied as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state" (art. 1, sec. 3).

“No preference shall be given by law to any Christian sect or mode of worship" (art. 1, sec. 4).

“It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, and their right to render that worship, in the mode most consistent with the dictates of their consciences; no person shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church or religious association. But every person now belonging to such congregation, church, or religious association shall remain a member thereof until he shall have separated himself therefrom, in the manner hereinafter provided (see next paragraph). And each and every society or denomination of Christians in this state, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner" (art. 7, sec. 1).

"If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expenses which may be incurred by said society” (art. 7, sec. 2).

DELAWARE (CONSTITUTION OF 1897 ; 1960 SUPPLEMENT)

(a) God, Supreme Being

“Through Divine goodness, all men have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences * * *" (preamble to constitution).

“Although it is the duty of all men frequently to assemble together for the public worship of Almighty God; and piety and morality, on which the prosperity of communities depends, are hereby promoted ** * [goes on to guaranty freedom of religion; see below]” (art. I, sec. 1). (b) Freedom of religion

“Although it is the duty of all men frequently to assemble together for the public worship of Almighty God; and piety and morality, on which the prosperity of communities depends, are hereby promoted; yet no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate that shall in any case interfere with or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations, or modes or worship" (art. I, sec. 1).

"No religious test shall be required as a qualification to any office, or public trust, under this State" (art. I, sec. 2).

*

FLORIDA (CONSTITUTION OF 1885 ; 1961 SUPPLEMENT) (a) God, Supreme Being

“We, the people of the State of Florida, grateful to Alimghty God for our constitutional liberty * * [establish this Constitution]” (preamble to constitution). (6) Freedom of religion

“The free exercise and enjoyment of religious profession and worship shall for-ever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opinions; but the liberty of conscience hereby secured shall not be so constrewed as to justify licentiousness or practices subversive of, or inconsistent with, the peace or moral safety of the State or society" (declaration of rights, sec. 5).

GEORGIA (CONSTITUTION OF 1945 ; 1961 SUPPLEMENT) (a) God, Supreme Being

"All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience * * * (art. 1, sec. 2-112).

"* * * we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution" (preamble to constitution). (6) Freedom of religion, religious practices, etc.

"All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience” (art. 1, sec. 2–112).

923952-63 -19

“No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State" (art. 1, sec. 2-113).

HAWAII (CONSTITUTION; 1960 SUPPLEMENT)

* *

(a) God, Supreme Being “We, the people of the State of Hawaii, grateful for Divine Guidance

* [establish this constitution]” (preamble to constitution). (6) Freedom of religion

No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof * * *" (art. I, sec. 3).

"No person shall be discriminated against in the exercise (of his civil rights] because of * * * religion * * *" (art. I, sec. 4).

“No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of * * * religious principles * * *" (art. I, sec. 7).

IDAHO (CONSTITUTION OF 1890; 1961 SUPPLEMENT)

(a) God, Supreme Being

"We the people of the state of Idaho, grateful to Almighty God for our freedom * * * [establish this Constitution],” (preamble to constitution). (6) Freedom of religion

“The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations. * * * No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship * * *” (art. 1, sec. 4).

"It is ordained by the state of Idaho that perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship * * *" (art. 21, sec. 19).

** * * no person having conscientious scruples against bearing arms, shall be compelled to perform such duty [militia] in time of peace (art. XIV, sec. 1).

ILLINOIS (CONSTITUTION OF 1870; 1961 SUPPLEMENT) (a) God, Supreme Being

“We, the people of the state of Illinois-grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations * * * [establish this Constitution]" (preamble to constitution). (6) Freedom of religion

“The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions ; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the state. No person shall be required to attend or support any ministry or place of worship against his consent * * (art. II, sec. 3).

“No person having conscientious scruples against bearing arms shall be compelled to do militia duty in time of peace * * (art. XII, sec. 6).

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